S.Simson Raj v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.11894 of 2025 and W.M.P.(MD)No.8790 of 2025 S.Simson Raj ... Petitioner -vs1. The Director, Directorate Collegiate Education, 9th Floor, EVK Sampath Maligai, DPI Campus College Road, Nungambakkam, Chennai.

2. The Principal, Kamaraj College(Autonomous), Thoothukudi - 628003.

3. The Registrar, Manomaniyam Sundaranar University, Tirunelveli, Tirunelveli District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 2nd respondent to revoke the suspension order issued against the petitioner by concluding the disciplinary 1/6

proceedings and allow the petitioner to continue his B.Com (Corporate Secretary Ship/SF) Course at the 2nd respondent college based on his representation dated 05.04.2025 within time frame fixed by this Court. For Petitioner : Mr.R.Ponkarthikeyan For Respondents : Mr.V.Om Prakash (R1) Government Advocate Mr.T.Antony Arulraj (R2)

ORDER

This writ petition has been filed seeking a direction to the 2nd respondent to revoke the suspension order issued against the petitioner by concluding the disciplinary proceedings and allow him to continue his B.Com (Corporate Secretary Ship/SF) Course at the 2nd respondent college based on his representation dated 05.04.2025.

2. Considering the nature of the order going to be passed in this writ petition, notice to the third respondent is dispensed with and this writ petition is disposed at the stage of admission itself. 2/6

3. The petitioner is a student studying B.Com., in the second respondent College. He has been implicated in a case registered under the NDPS Act, in Crime No.119 of 2025 and hence, the petitioner was not permitted to attend the classes and was issued with the suspension order. Aggrieved over the same, the petitioner has come forward with the present Writ Petition.

4. The learned counsel appearing for the petitioner prayed to allow this writ petition by relying upon the order passed by this Court in WP(MD)No. 7203 of 2022 dated 17.06.2022.

5. On perusal of the case, it is seen that the petitioner is a first year student pursuing B.Com Course in the second respondent college and a case was registered against him under NDPS Act, for which he was suspended from the college. It is pertinent to note that the petitioner is not a habitual offender and the aforesaid criminal case alone was pending against him.

6. Considering the facts and circumstances of the case and also taking his future career, this Court by taking a sympathetic and lenient view directs the second respondent to revoke the suspension of the petitioner and permit 3/6

him to pursue his studies without any hindrance. This Court opines that there is no impediment for the authorities concerned to proceed with the trial proceedings in the said case against the petitioner and it is for the second respondent college to take further action subject to the outcome of the criminal case. It is also made clear that the petitioner shall not indulge in any other illegal activities in and outside the college, failing which, the second respondent is at liberty to take action in accordance with law.

7. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

24.04.2025 NCC : Yes/No Index : Yes / No sm Note: Issue order copy on 25.04.2025.

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TO:-

1. The Director, Directorate Collegiate Education, 9th Floor, EVK Sampath Maligai, DPI Campus College Road, Nungambakkam, Chennai.

2. The Principal, Kamaraj College(Autonomous), Thoothukudi - 628003.

3. The Registrar, Manomaniyam Sundaranar University, Tirunelveli, Tirunelveli District.

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VIVEK KUMAR SINGH, J.

sm/DP Order made in W.P.(MD)No.11894 of 2025 Dated:

24.04.2025 6/6